The Service includes, but is not limited to: (i) a personal geographical or toll-free telephone number (a “MetroFax Number”) that provides for the delivery of faxes to email, the MetroFax Website or applications provided by the Company; and (ii) outbound faxing from email, the MetroFax Website or applications provided by the Company.
(a) Usage terms for the Service are as follows:
(1) If you registered for the Service on or after December 19, 2019:
(2) If you registered for the Service prior to December 19, 2019:
Within any monthly period, your plan will include the number of inbound and outbound fax pages specified in the plan that you received when you first signed up to the MetroFax Service, regardless of whether you are issued a local or a toll-free MetroFax Number, unless we notify you or have notified you in our sole discretion that your pricing plan has changed. Faxes sent or received in excess of your plan’s page limit are charged at the overage rate specified in the plan that you received when you first signed up to the MetroFax Service, unless we notify you in our sole discretion that your pricing plan has changed and includes a new fixed overage rate.
See paragraph (b) below for the definition of a fax page.
(b) Definition of Fax Page and Associated Terms:
Unless the plan that you originally signed up for specifies a different “per page rate” (whether or not it is referenced as such), the number of outbound fax pages referenced in paragraph (a) of this Section 2 as included in the tiers of Service is administered by applying a monthly outbound usage credit to your account and assumes that each outbound page is sent to a destination with an applicable per page rate of $0.03 (which amount may vary outside of the U.S.). Therefore, your number of included outbound fax pages for a given thirty (30) day period may be less than the number specified for your tier of Service referenced in paragraph (a) of this Section 2 if you send to destinations with applicable per page usage rates in excess of $0.03 per fax page.
Unless the plan that you originally signed up for specifies a different “per page rate” (whether or not it is referenced as such), the number of outbound fax pages referenced in paragraph (a) of this Section 2 as included in the tiers of Service is administered by applying a monthly outbound usage credit to your account and assumes that each outbound page is sent to a destination with an applicable per page rate of $0.10 (which amount may vary outside of the U.S.).
Therefore, your number of included outbound fax pages for a given thirty (30) day period may be less than the number specified for your tier of Service referenced in paragraph (a) of this Section 2 if you send to destinations with applicable per page usage rates in excess of $0.03 per fax page.
For example, if your service tier includes 500 outbound fax pages per thirty (30) day period, that includes 500 fax pages sent in regions at a rate of 0.03 cents per page, or a total of $15 of fax pages sent. If you send a 5 page fax to a destination with an applicable per page usage rate of $0.10, then your usage credit will decrease by $0.50 $14.50. If you then send a 5 page fax to a destination with an applicable per page usage rate of $0.20, then your usage credit will decrease by an additional $1.00 to $13.50. Unused inbound or outbound Service credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound or outbound Service credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound or outbound Service credits remain in your account upon termination or closure of your account
While your account is active, fax messages received via your MetroFax Number will be stored and displayed in MetroFax Central. Regardless of your level of service, you acknowledge that the Company may cease offering this feature or change its practices and/or limitations concerning this feature at any time, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time and the maximum storage space allotted on the Company’s servers on your behalf. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.
The Company will scan, perform optical character recognition and index the text of fax messages received via your MetroFax Number. The indexed text of these faxes will be searchable in MetroFax Central (unless you disable this feature in your user preferences) for as long as the faxes are stored there. You acknowledge that the Company may cease offering this feature or change its practices and/or apply limitations concerning this feature at any time. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the searching or indexing of or failure to search or index any faxes.
You acknowledge and agree that the Company has no responsibility or liability whatsoever for your use of this email feature and that the Company may discontinue or change the terms under which this email feature is provided to you at any time, including, without limitation, changes in the maximum size of emails that may be received, changes in the maximum storage space available for email storage and changes to or elimination of spam filtering or virus scanning.
By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any emails transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your emails.
The Company disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the email transmission or receipt process; deletion of or failure to store any emails; non-receipt of emails; broken or non-functional links to emails; any viruses received through this feature.
In the event that the Company, in its sole discretion, determines or suspects that any emails sent or received through this feature constitute, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to remove your emails and/or to deactivate links to emails without further notice to you.
You are fully responsible for the contents of your transmissions through the Service. the Company simply acts as a passive conduit for you to send and receive information of your own choosing. However, the Company reserves the right to take any action with respect to the Service that the Company deems necessary or appropriate in its sole discretion, if the Company believes you or your information may create liability for the Company, compromise or disrupt the Service for you or other customers, or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Service; (2) not to use the Service for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Service or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Service makes use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Service for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the Service. You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon the Company.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Service; (b) maintain the security of your PIN/password and other confidential information relating to your Service account; (c) immediately notify the Company of any unauthorized use of your account or any other breach of security known to you; and (d) be responsible for all charges resulting from use of the Service, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.
a. Unsolicited Fax Advertisement Policy.
You acknowledge and agree that the Company provides a Service that allows you to send and distribute communications of your own choosing. the Company is not responsible for the content of your communications and merely provides a service that allows you to distribute communications of your choosing.
The transmission of unsolicited telemarketing phone calls, faxes and email is regulated in Canada, Europe, the United States and by other countries as well. In Canada, the Canadian Radio-Television Telecommunications Commission (CRTC) Canadian Do Not Call rules and regulations, the Telecommunications Act, the Unsolicited Telecommunications Rules, the Personal Information Protection and Electronic Documents Act and other regulations govern such communications. In Europe, including the United Kingdom, such communications are regulated by the Telephone and Fax Preference rules as well as other laws and regulations. The United States regulates these communications under the Federal Trade Commission’s (FTC) amended Telemarketing Sales Rule (TSR) and Do-Not-Call provisions, 16 CFR Part 310, the U.S. Federal Communication Commission’s regulations implementing the U.S. Telephone Consumer Protection Act of 1991, 47 CFR 64.1200 et seq., the CAN-SPAM Act, as well as other statutes and regulations. Additionally, certain localities, states, provinces and other governmental bodies may have additional laws and regulations. Other countries have laws and regulations pertaining to such communications. the Company collectively refers to all relevant laws, rules and regulations of any governmental body governing phone calls, faxes, and emails as “Telemarketing Rules.”
Unsolicited marketing in violation of such Telemarketing Rules through the Service is prohibited and a material violation of this Agreement. Violation of any provision of this Section 9 may result in termination, as set forth in Section 10; the Company pursuing other legal remedies available to it; or any combination of these remedies
Notwithstanding the above, the Company’s distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
At the Company’s option and without further notice, the Company may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, and if the fax contains a telephone number, fax number or other contact information to “unsubscribe” from receipt of additional junk faxes, please unsubscribe accordingly.
You hereby acknowledge and agree that the Company has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements, including but not limited to claims under the TCPA and similar laws of any other country, state or province, and, to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to the Company as consideration for its provision of the Service.
Because MetroFax Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to “opt in” to receive on your MetroFax Number facsimile advertisements of the commercial availability or quality of any property, goods or services from persons with whom you have not established a business relationship.
b. Spam Drop-Box Policy. The Company does not permit its customers to use MetroFax Numbers as “drop-boxes” for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a MetroFax Number as a “drop-box” for responses, and if the email or fax contains an email address, telephone number, fax number or other contact information to “unsubscribe” from receipt of additional messages, please unsubscribe accordingly. Please contact customer service if you believe your MetroFax Number has been used as a “drop-box.”
The Company appreciates your assistance in enforcing and complying with these policies and looks forward to continuing to make your experience a positive one.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
The Company may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the MetroFax Website, or (b) sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE METROFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUED USE OF THE SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and the Company
The Company reserves the right to modify or discontinue the Service with or without notice to you. The Company shall not be liable to you or any third party should the Company exercise its right to modify or discontinue the Service.
Once you become a registered user, your MetroFax Number will be automatically sent to you by email. You may change your PIN/ password from the MetroFax Website. You are entirely responsible for maintaining the confidentiality of your PIN/ password and account information.
a. ALL COMPANY SOFTWARE AND THE SERVICE IS/ARE PROVIDED “AS IS,” AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF COMPANY SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT COMPANY SOFTWARE OR THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
b. YOUR USE OF ALL THE COMPANY SOFTWARE AND THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING THE COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY OR ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA THE LARGE FILE SEND FEATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE COMPANY SOFTWARE OR THE SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH AFFILIATE, LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF COMPANY SOFTWARE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF THE COMPANY’S OR ANY SUCH AFFILIATE’S, LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES OF THE COMPANY OR ITS AFFILIATES.
You agree to pay all charges for your use of the Service in accordance with the pricing plan you were offered and agreed to upon registering for the Service. The Company reserves the right to charge value-added taxes (“VAT”), sales or other taxes on the Service as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Service, including a Discounted Service.
The Company may amend your pricing plan, including any charges thereto, at any time either by (a) posting pricing plan changes on the MetroFax Website, or (b) sending information regarding the pricing plan changes to the email address you provided to the Company. You are responsible for regularly reviewing such pricing information. Continued use of the Service, or non-termination of your Company account, after changes are either posted or emailed to you constitutes your acceptance of the prices as modified.
If you have questions regarding any charges that have been applied to your account, you must contact the Company’s Customer Service Department within thirty (30) days of the charge date. Failure to do so will waive your ability to dispute such charges. Failure to use your account will not be deemed a basis for refusing to pay any charges.
b. Payment for the Service:
Your activation fee and monthly, quarterly, bi-annual or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, the Company may submit charges for your monthly service fee each month, and for quarterly, bi-annual, or annual subscriptions, the Company may submit charges for your quarterly, bi-annual or annual service fee quarterly, bi-annually or annually, in each case, without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you add MetroFax Numbers to an existing Service account, your first payment for such additional MetroFax Numbers may be prorated to coincide with the annual/quarterly/bi-annual or monthly anniversary of your first MetroFax Number. You agree that the Company may (at its option) accumulate Service fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Service fee charges may appear on the statement you receive from your card issuer.
Your activation fee, usage charges, and monthly, quarterly, bi-annual or annual Service fees, as applicable, must be made by the credit or debit card(s) designated by you for the Company use and transactions. If your Service account is a qualified business account approved by the Company for corporate billing, charges will be accumulated, identified by customer identification number and invoiced on a monthly basis. If the payment method for your Service account is by credit or debit card and payment is not received by the Company from the card issuer or its agent or affiliate, you agree to pay all amounts due upon demand by the Company. Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that the Company is authorized to charge your designated card(s). Your card issuer’s agreement governs your use of your designated card in connection with payment for the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
c. Viewing Your Account Balance: To view your current account balance, along with billing details and any accumulated charges, please click on “Billing” after logging in to the MetroFax Website.
d. If you subscribed to the Service pursuant to a special offer granting you a free trial period and initial service fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
e. Pre-Paid Discounts: If you subscribed to the Service pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
f. Additional charges apply when you exceed the number of inbound or outbound fax pages included in your Service tier. Usage fees are payable in advance at a fixed amount as set from time to time by the Company, currently U.S. $10.00 or the approximate equivalent in local currency (the “Usage Prepay Amount”). You may choose to increase the size of your Usage Prepay Amount by logging into your account at the MetroFax Website or by contacting the Company’s Customer Service Department. The Usage Prepay Amount will be immediately and automatically charged to your credit or debit card without further authorization from you upon incurring usage in excess of the number of inbound or outbound fax pages included in your Service tier (or, in the event you are provided with a free usage credit, upon your depletion of such credit). Your Usage Prepay Amount will thereafter be reduced based upon your incurring usage fees, and each time your Usage Prepay Amount is depleted to a certain level (currently U.S. $2.00 or the approximate equivalent in local currency), another fixed Usage Prepay Amount in the same amount as the prior Usage Prepay Amount will be immediately charged to your credit or debit card, without further authorization from or notice to you.
Furthermore, in the event that the Company submits charges for your annual, bi-annual, quarterly or monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize the Company to apply your Usage Prepay Amount to pay for some or all of your annual or monthly service fee due.
You agree that the Company may submit charges for the Usage Prepay Amount without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your Service, or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.
Upon your giving the Company notice that you have terminated or canceled your Service, or in the event that the Company should terminate or cancel your Service or account in accordance with the provisions herein, the unused portion of your Usage Prepay Amount (if any) will be applied toward any outstanding charges, and any remaining portion of your Usage Prepay Amount will be forfeited and non-refundable.
In addition, in the event you fail to incur usage charges on the Service for a period of six (6) months or longer, you will be deemed to have forfeited any remaining Usage Prepay Amount in your MetroFax account. In such event, the Company reserves the right to eliminate your remaining Usage Prepay Amount (if any) without notice.
g. Notification of Changed Billing Information. You must promptly notify the Company of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card; and (c) the name of each minor whom you have authorized to use your Service account. You must also promptly notify the Company if your card is canceled for any reason, including loss or theft. In order to avoid Service interruptions caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers). You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges
h. Usage and/or Account Credit Balances. the Company may, from time to time, award you a credit applied to your Service usage and/ or account balance, which is a non-refundable credit. Service usage and/ or account credit balances have no cash value. Usage and/or Account credit balances will expire on the earlier of (i) termination of your account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer.
i. An administrative late fee of $4.95 USD or $6.00 CAD (or the approximate equivalent in local currency), or the maximum amount permitted under and subject to applicable law, may be charged to your account each time full payment of your outstanding balance is not received by the payment due date. You agree that the Company may submit charges for late fees without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your Service, or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.
The Company reserves the right to suspend or terminate your account and associated Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising any portion of the Service are wholly owned by the Company, its affiliates and/or its licensors and service providers except where expressly stated otherwise. You may not use the Company’s or its affiliates’ trademarks, trade names, patents, copyrights or other intellectual property rights without the Company’s prior written permission.
a. Telephone Numbers Ported In
IF YOU “PORTED IN” ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICE, OR YOU ARE ENTITLED TO “PORT OUT” A TELEPHONE NUMBER UNDER NON-U.S. LAW, YOU MAY “PORT OUT” SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO “PORT OUT” SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICE PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF U.S. $40 (WHICH AMOUNT MAY VARY OUTSIDE OF THE U.S.) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR SERVICE DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY SHALL REMAIN THE CUSTOMER OF RECORD OF THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT OR DEBIT CARD THE U.S. $500 (WHICH AMOUNT MAY VARY OUTSIDE OF THE U.S.) IN LIQUIDATED DAMAGES SET FORTH ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 19 (a), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
b. Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICE FOR ANY REASON, THE METROFAX NUMBER(S) ASSIGNED TO YOU MAY BE IMMEDIATELY RE-ASSIGNED TO ANOTHER CUSTOMER. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER UNDERSTAND AND AGREE THAT THE COMPANY MAY FROM TIME TO TIME NEED TO CHANGE THE METROFAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN THE COMPANY’S CONTROL). YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE METROFAX NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. No Right to Charge Third Party Services to MetroFax Numbers
YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE METROFAX NUMBER ASSIGNED TO YOU BY THE COMPANY AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR METROFAX ACCOUNT WITHOUT NOTICE.
You agree to indemnify the Company and each of its Affiliates, licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon use of the Service, including but not limited to any violation of this Agreement by you or any other person using your account, the use of any tools provided by the Company in connection with the Service, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisements as set forth in Section 9(a).
You are prohibited from selling, reselling, renting or leasing the use of the Service.
You may correspond with or participate in promotions of advertisers showing their products via the Service. Any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. the Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Notices given by the Company to you will be given by email, by a general posting on the MetroFax Website or by conventional mail. In any matter requiring the Company’s prior consent, such consent will be considered given only if made in writing by an authorized representative of the Company. Notices given by you to the Company must be given by email or by conventional mail (subject, however, to the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion, and which may include the requirement that you contact the Company by phone so as to confirm that any such notice was in fact sent by you). Notices to the Company by conventional mail must be sent to:
IF YOU ARE A CUSTOMER OF CONSENSUS US, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY’S SOFTWARE AND THE SERVICES. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE COMPANY’S SOFTWARE OR THE SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN THE CITY AND COUNTY OF LOS ANGELES
IF YOU ARE A CUSTOMER OF CONSENSUS IRELAND, THE LAWS OF IRELAND, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF IRELAND SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. Nothing in this section shall restrict either of the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the federal or state courts located in the State of California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. the Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder whether by direct assignment, by operation of law or otherwise, and any attempt to the contrary is void. the Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company’s reasonable control. Parental control protections (such as commercially available computer hardware, software or filtering services) may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of fax or email messages received through the Service. Any exclusion or limitation of the Company’s liability specified in this Agreement, and the indemnification obligations set forth in Section 20, shall survive the expiration or termination of this Agreement for any reason.
Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained on the MetroFax Website or by calling the Company’s Customer Service Department. The Company reserves the right to change fees, surcharges and monthly fees or to institute new fees at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
a. If you are a Customer of Consensus US, You and the Company agree that all disputes and claims between you and the Company shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to any dispute, claim or controversy arising out of or relating in any way to the Services, the Company software, the MetroFax Website, the Agreement or any aspect of the relationship between you and the Company. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against the Company on your behalf. This arbitration provision shall survive termination of this Agreement and the termination of your account.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide,including issues relating to the scope and enforceability of this arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.
d. The Company may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
e. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.